HomeMy WebLinkAboutPD-90-96UNFINISHED BUSINESS
DN:KAITUN.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT ��{{
Meeting: General Purpose and Administration Committee File #,1 L `1'E �), < -`
Date: Monday, June 17, 1996 Res. #
Report #: PD -90 -96 File #: DEV 96 -004 (X -REF.: 18T- 91004) By -law #
Subject: ZONING AMENDMENT APPLICATION AND PROPOSED PLAN OF
SUBDIVISION
APPLICANTS: THE KAITLIN GROUP LTD.
PART LOTS 28,29,30,31, B.F. CONC., FORMER VILLAGE OF NEWCASTLE
FILE: DEV 96 -004 (X -REF.: 18T- 91004)
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -90 -96 be received;
2. THAT Council deem that a new statutory Public Meeting as defined by the
Planning Act with respect to the zoning amendment application is not required
due to the minor nature of the revisions;
3. THAT the Region of Durham be advised that the Municipality of Clarington
recommends approval of the draft Plan of Subdivision 18T -91004 dated May 30,
1996 subject to the approval of the Clarington Official Plan as recommended to
be modified as per Council's approval of the proposed modifications in Report
PD -89 -96 and subject to the conditions contained in Attachment No. 1 to this
report;
4. THAT the Mayor and Clerk be authorized, by By -law, to execute the Subdivision
Agreement between the Owner of the proposed draft Plan of Subdivision 18T-
91004 and the Corporation of the Municipality of Clarington at such time as an
agreement has been finalized to the satisfaction of the Director of Public Works
and the Director of Planning and Development;
5. THAT the attached amendment to By -law 84 -63 be APPROVED and that the
Holding (H) symbols be removed by By -law upon the execution of a Subdivision
Agreement; and
6. THAT the interested parties listed in this report and any delegation be advised of
Council's decision.
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1. APPLICATION DETAILS
1.1 Applicant: The Kaitlin Group Ltd.
1.2 Agent: Bousfield, Dale- Harris, Cutler & Smith
1.3 Subdivision:
Original proposal - Originally sought approval for the first phase of the Port of
Newcastle development representing 260 single detached
dwellings, 53 street townhouses and a 50 unit multiple
residential block for a total of 363 units.
Revised proposal - Seeking approval for the first phase of the Port of Newcastle
development representing 92 single detached dwellings, 198
semi - detached /link dwellings, a 56 unit multiple residential
block and an 18 unit multiple residential block for a total of
364 units.
1.4 Rezoning: From Agricultural (A) to the appropriate zones in order to
permit the above -noted revised development proposal.
1.5 Area:
Area subject to Phase One - 22.352 hectares (55.23 acres)
Total Area owned by Kaitlin - 88.222 hectares (217.99 acres)
2.1 In April of 1991, Bramalea Limited, then the owners of the subjects lands, applied
to amend Comprehensive Zoning By -law 84 -63 (DEV 91 -016) in order to
implement a proposed plan of subdivision.
2.2 Subsequently, the Planning and Development Department was advised by the
Regional Planning Department of an application submitted by Bramalea Limited
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for a plan of subdivision (18T- 91004). Bramalea Limited later submitted an
application to amend both the Durham Regional Official Plan and the Official Plan
for the former Town of Newcastle (OPA 91- 020 /D /N) in order to increase the
population allocated to the subject lands.
2.3 Kaitlin obtained ownership of the subject lands in late 1995 and intends to
continue with the development applications started by Bramalea Limited. In the
time which had lapsed since the original applications were filed by Bramalea
Limited, a new Regional Official Plan was adopted by Regional Council and a new
municipal Official Plan was adopted by the Council of the Municipality of
Clarington. Appropriate land use policies have been included in the 1991
Regional Official Plan and in the newly Council adopted Clarington Official Plan
to effectively guide the development of these lands.
2.4 Although, the Regional Planning Department has determined that Kaitlin may
proceed with the original subdivision file (18T- 91004) opened by Bramalea
Limited, the Municipality of Clarington Planning and Development Department
advised Kaitlin that the related zoning amendment application (DEV 91 -016) had
been closed following the collapse of Bramalea Limited due to the significant
amount of time which had passed since the original Public Meeting.
2.5 As a result, on February 23, 1996, the Planning and Development Department
received an application from Kaitlin to amend Comprehensive Zoning By -law 84-
63 in order to implement the first phase of the Port of Newcastle development.
3. PUBLIC NOTICE AND SUBMISSIONS
3.1 A Public Notice sign was installed at two (2) separate locations on the subject
lands as well as in the Bond Head Parkette on the east side of the mouth of
Graham Creek.
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3.2 As a result of the public notification process, staff have received numerous written
submissions, counter inquiries and telephone inquiries with respect to the
proposal. Concerns were expressed regarding issues such as density, the
destruction of the valleylands, improvements to the existing underpass on Mill
Street, the architectural style, the amount of parkland dedication, the width of the
waterfront park and the location of the coastal villas.
3.3 The Public Meeting, as required by the Planning Act, was held on April 1, 1996
at which time 15 area residents addressed Council. The residents expressed
essentially the same concerns previously expressed in writing.
3.4 As a result of the direction by Council, staff also attended a Public Information
Meeting chaired by Kaitlin on May 23, 1996. The meeting was held at the
Newcastle Marina Clubhouse and was attended by about 20 residents.
4. OFFICIAL PLAN CONFORMITY
4.1 Within the 1991 Durham Regional Official Plan, the central portion of the subject
site is designated as a Living Area which is surrounded by the Waterfront Major
Open Space system. It is one of the three Living Areas which comprise the
Newcastle Village Urban Area which has been allocated a population of 27,000.
The Regional Official Plan does not allocate population targets on a
neighbourhood level and therefore, staff will consider the proposed population in
relation to both the existing Official Plan of the former Town of Newcastle and the
Council- adopted Clarington Official Plan.
4.2 Within the existing Official Plan of the former Town of Newcastle, the subject
property has been allocated a population of 1,100 for the residentially designated
portion of the lands.
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4.3 The Phase One lands proposed by Kaitlin will utilize the entire population
allocation with nothing left for the remaining lands. This was a concern for staff
in our preliminary discussions with Kaitlin as the proposal did not conform with
the intent of the former Town of Newcastle Official Plan. However, this concern
is no longer an issue because staff are reasonably satisfied that the approval of
the Clarington Official Plan by the Region of Durham is imminent. When that
occurs, the issue of non - conformity with the former Town of Newcastle Official
Plan will be resolved. Council has been advised previously that the Region of
Durham intends to issue notice of approval of the Clarington Official Plan in
September 1996. The new Clarington Official Plan allocates units as opposed to
population and has allocated a total of 1,075 units for the entire Port of Newcastle
neighbourhood which includes small pockets of land not owned by Kaitlin. As a
result, Kaitlin has been advised that the entire development of the lands subject
to 18T -91004 including future development blocks is not to exceed 1,000 units.
4.4 The Phase One lands contain 364 units which appear to be of reasonable
proportion in relation to the balance of Kaitlin's land ownership.
4.5 The Clarington Official Plan identifies the shoreline area as Waterfront Greenway.
The extent of the Waterfront Greenway is to be determined through the review of
a plan of subdivision. In that regard, based upon the recommendations
contained in the previous report PD- 89 -96, staff are satisfied that Phase One of
the proposed draft plan of subdivision conforms to the Clarington Official Plan as
recommended to be modified. In the event that Council does not endorse the
proposed modification contained in Report PD- 89 -96, this plan of subdivision
should not be approved.
5. ZONING BY -LAW COMPLIANCE
5.1 The applicant is proposing to amend the zoning on that portion of the subject
lands currently zoned Agricultural (A) in order to allow the first phase of residential
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development which would also include a clubhouse for the area residents. The
amending by -law, if approved, is intended to include the provision of special zone
regulations to allow for the development of a residential community targeted
towards adults and seniors. The requested special zone regulations include:
a front yard setback of 3.6 metres to the dwelling while maintaining the 6.0
metre setback at the garage;
a rear yard setback of 5.0 metres;
an exterior side yard setback of 3.6 metres;
a reduced lot area requirement;
• a reduced sight triangle requirement to allow for porches on exterior lots;
• a special provision to allow projections (chimneys, windows, porches) to
encroach into the required front, rear and side yard requirement.
6. AGENCY COMMENTS
6.1 The proposed plan of subdivision was circulated for comments by the Regional
Municipality of Durham. Concurrently, the proposed zoning amendment
application has been circulated in order to obtain comments from other
departments and agencies. The following provides a brief summary of the
comments received to date.
6.2 The Ganaraska Region Conservation Authority has advised that Kaitlin has been
given a site specific exemption with respect to the provision of a stormwater
management facility partially located within the floodplain. Standard policy of the
Authority would have required the stormwater management facility to be located
within the tableland portion of the subject lands. In addition, following the receipt
of a revised stormwater management report which was subsequently found to be
acceptable, the Authority has offered no objections to the proposal subject to
several regulatory conditions with respect to stormwater management.
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6.3 The Ministry of Citizenship, Culture and Recreation has advised that an
archaeological assessment was reviewed in January of 1992. The assessment
found that the subject lands contained a site of great significance and
recommended further investigation. However, since the site is located outside of
the limits of the first phase of the proposed plan of subdivision, the Ministry
offered no objection to the first phase of development but did note that future
phases would be subject to the Ministry's standard conditions regarding cultural
heritage resources.
6.4 The Municipality of Clarington Fire Department has advised that the subject lands
are within the response area of Station No. 2 in Newcastle Village. Although the
Fire Department did not object to the proposal, it was noted that response times
would be in the area of 5 to 6 minutes at best. The recommended urban
response times is 3 to 5 minutes.
6.5 The Public Works Department has reviewed the proposed plan of subdivision
including both a stormwater management report and a traffic impact study.
The Public Works Department has advised that the Stormwater Management
Report has been found to be acceptable and that all works and facilities
necessary for this development shall be constructed in accordance with Port of
Newcastle Stormwater Management Report dated March 1996.
With respect to the traffic impact study, the Public Works Department reviewed
the report and compared its findings to the existing Wilmot Creek Retirement
Community which is similar in nature and has been constructed. The Public
Works Department is of the opinion that the traffic volumes experienced at the
Wilmot Creek Retirement Community would be comparable to what would be
expected from this development if it were truly a unique community of adults and
seniors.
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The report has concluded that the Phase One does not require the reconstruction
of the grade separation at Mill Street or Toronto Street. However, it is important
to note that the report does not discount the possibility that a grade separation
may be required in the ultimate built out of the development. As a result, the
Public Works Department will require a traffic monitoring report to determine the
actual traffic volumes following construction of Phase One.
The Public Works Department has also considered alternatives regarding the
existing Mill Street grade separation but these alternatives will be discussed in
more detail in Section 10 of this report.
6.6 The balance of circulated department /agencies who provided comments were the
Regional Planning Department, the Public School Board, the Community Services
Department and Ontario Hydro. None of these agencies provided objectionable
comments with respect to the proposal. Comments with respect to the Region's
circulation remain outstanding from the Ministry of Natural Resources and the
Regional Works Department.
7. STATUTORY PUBLIC MEETING AND PUBLIC INFORMATION MEETING
7.1 At the Public Information Meeting held on May 23, 1996, the residents reiterated
the concerns previously expressed through correspondence and verbally at the
April 1, 1996 public meeting. Staff will take this opportunity to address each of
the concerns raised by the residents.
8. DENSITY
8.1 The Council- adopted Clarington Official Plan contains three (3) Medium Density
(M) symbols in the Port of Newcastle neighbourhood, two of which will be
accounted for through the development of the two Medium Density Blocks 192
and 193 in Phase One. The third Medium Density (M) symbol will be accounted
for in the future phases of the subdivision likely through the development of the
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Local Central Area and the associated Tourism Node.
8.2 Further, the Phase One area consists of 364 units which are within the 1,000 units
allocated in the Council- adopted Clarington Official Plan. As a result, the
proposed unit count and density are in conformity with the Clarington Official
Plan.
9.1 Some of the area residents expressed concerns regarding the possible
destruction of the Graham Creek valleylands which are in close proximity to the
first phase of development. Staff advise that the Municipality's parkland
dedication by -law encourages the gratuitous dedication of valleylands to the
Municipality, although staff acknowledge that the Municipality cannot unilaterally
impose such a requirement.
9.2 Kaitlin's position is that they wish to retain ownership of the Graham Creek
valleylands in order to investigate possible private recreational opportunities
associated with the marina and the Tourism Node as contained in the Council-
adopted Clarington Official Plan.
9.3 However, staff do note that the plan of subdivision has been reviewed by the
Ganaraska Region Conservation Authority and that the Authority has offered no
objections to the proposal subject to regulatory conditions. In addition, staff note
that all lots abutting the Graham Creek maintain a minimum 5.0 metre setback
from the top -of -bank as required by the modified Section 14.4.3 of the Council -
adopted Clarington Official Plan. As a result, staff are satisfied that every effort
has been made, and will continue to be made during the construction process,
to ensure the protection of the Graham Creek valleylands.
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10. IMPROVEMENTS TO THE EXISTING MILL STREET UNDERPASS
10.1 In consideration of the traffic impact study, transportation improvements should
be implemented and constructed utilizing one of the following alternatives:
Alternative "A"
The Alternative "A" works are as follows:
i) Mill Street Grade Separation Reconstruction Works
Full reconstruction of the Mill Street grade separation;
ii) Mill Street Reconstruction and Construction Works
Reconstruction and /or construction of Mill Street from the Mill Street grade
separation north to and including the Toronto Street /Mill Street /401
interchange intersection and from the Mill Street grade separation southerly
through external lands on an alignment that aligns with Street "A" from this
development; and
iii) Toronto Street Emergency Access Improvement Works
Road improvements to Toronto Street for use as an emergency access.
Alternative "B"
The Alternative "B" works are as follows:
i) Mill Street Grade Separation Improvement Works
Improvements to the existing Mill Street grade separation (signalization) to
accommodate both vehicular and pedestrian (cyclist) traffic;
ii) Mill Street Reconstruction and Construction Works
Reconstruction and /or construction of Mill Street from the Mill Street grade
separation north to and including the Toronto Street /Mill Street /401
interchange intersection and from the Mill Street grade separation southerly
through external lands on an alignment that aligns with Street "A" from this
development;
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iii) Toronto Street Grade Separation Construction Works
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Construction of a grade separation at Toronto Street and the Canadian
National Railway; and
iv) Toronto Street Reconstruction Works
Road reconstruction of Toronto Street from this development northerly and
easterly to the Toronto Street /Mill Street /401 interchange intersection.
In consideration of the development of the entire neighbourhood, the waterfront,
the long range potential of the area, the anticipated traffic volumes, the orientation
of the road patterns towards Mill Street and the efficiency of the transportation
network, the Public Works Department notes that Alternative "A" is clearly the most
desirable alternative.
Alternative "B" originated after much discussion with the developer and staff and
in consideration of concerns raised by area residents to maintain the existing Mill
Street grade separation as a landmark. Although, not as desirable as Alternative
"A ", Alternative "B" is reasonable. After consideration of the developer's and the
resident's concerns, the Public Works Department have agreed to accept
Alternative "B" and this is reflected in the Municipality's conditions of draft
approval.
11. THE ARCHITECTURAL STYLE
11.1 At the Public Information Meeting held on May 23, 1996 at the marina, a few area
residents expressed concerns regarding the architectural style of the dwelling
units.
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11.2 Staff note that Kaitlin has advised Council that the development of the site will
include architectural styles which would build on and enhance the traditional
marina use of the property. In fact, Kaitlin has presented Council with artistic
renderings of several residential house styles. Staff are generally satisfied with
what was presented, however, the Municipality has no legal power to ensure the
developer will build according to the artistic renderings.
11.3 Finally, staff advise that Medium Density Blocks 192 and 193 and Clubhouse
Block 194 will be subject to site plan approval and the Municipality would
therefore have an opportunity to review architectural drawings including
landscaping plans and building elevations.
12. AMOUNT OF PARKLAND DEDICATION AND WIDTH OF WATERFRONT
GREENWAY
12.1 Section 42 of the Planning Act, R.S.O. 1990, establishes the amount of parkland
dedication that the Municipality may obtain through the approval of a plan of
subdivision. This amount can be calculated on the basis of 5% of the lands
subject to the application or on the basis of 1 hectare per 300 dwellings units
whichever is greater.
12.2 Kaitlin intends to provide 1.21 hectares of land for park purposes (Block 195) with
the first phase of development which would satisfy the requirements of the
Planning Act using both methods of calculation. Staff note that this
Neighbourhood Park is required to satisfy the Council- adopted Clarington Official
Plan which requires a Neighbourhood Park in the general location of Block 195.
In addition, Open Space Block 196 will be dedicated gratuitously to the
Municipality. Block 196, located along the Lake Ontario shoreline represents the
lands subject to the 100 year erosion limit. It totals 1.497 hectares in size and will
be utilized to form part of the Waterfront Greenway Park.
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12.3 It became apparent at the Public Information Meeting that some of the residents
were of the opinion that the Municipality should have requested the 1.21 hectare
parkland dedication requirements south of Street "B" adjacent to Open Space
Block 196 to supplement the width and size of Waterfront Greenway Park.
However, staff are of the opinion that the Neighbourhood Park and the Waterfront
Greenway Park serve two different functions. The Neighbourhood Park is
intended to be an active park with baseball and /or soccer facilities to serve the
needs of the immediate surrounding community. This is quite different from the
Waterfront Greenway Park which is not intended to contain active sports facilities
and will likely draw visitors from beyond the immediate surrounding community.
12.4 Therefore, in Phase One, the Waterfront Greenway is contained on a strip of land
with a minimum width of 35 metres between the Clubhouse /Coastal Villa Blocks
and Lake Ontario. This area is sufficient to contain the waterfront trail and provide
a connection to Waterfront Greenway lands that the Municipality will require in
subsequent phases of development.
13. LOCATION OF COASTAL VILLAS
13.1 The location of the coastal villas on the south side of Street "B" was raised as a
concern by the area residents at the Public Information Meeting. This concern
had previously been expressed by the area residents and the Bond Head
Community Association when Council considered Report PD -69 -96 with respect
to Kaitlin's submission to the Regional Planning Department.
13.2 As a result of the Council's consideration of Report PD- 69 -96, staff were directed
to discuss the issue with Kaitlin. Subsequently, an Addendum to Report PD -69 -96
was prepared which recommended a compromise to allow limited coastal villa
development south of Street "B" within the vicinity of the Local Central Area. The
Addendum Report was tabled and this issue was addressed in Report PD- 89 -96.
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14. DEVELOPMENT CHARGES
14.1 Municipal works and services required for the Port of Newcastle lands are not
included in the Municipality's 10 year capital works and services for the purpose
of development charges. Staff advise that subdivision proposals are generally
considered premature under such circumstances.
14.2 Kaitlin is aware that this situation makes it difficult for staff to recommend approval
of the proposed subdivision. In order to alleviate the problem, Kaitlin advised staff
that they are prepared to absorb the costs of those services that would normally
be considered a responsibility of the Municipality under the Development Charges
Act. These works include, but are not limited to: construction of the
neighbourhood park, construction or improvements of all external roads including
Mill and Toronto Streets, the posting of security for construction of new and /or
improvements to the existing railway grade separations as may be required by the
Municipality at a later date.
14.3 Based upon the undertaking of Kaitlin, staff are satisfied that our concerns with
respect to development charges have been addressed. The conditions of draft
approval attached to this report has included the foregoing requirements.
15. STAFF COMMENTS
15.1 The Municipality had received numerous technical documents when the original
subdivision and zoning amendment applications were submitted by Bramalea
Limited. The documents included:
• traffic study, including the Mill Street underpass;
• stormwater management report;
• archaeological assessment;
• tree survey and evaluation;
servicing analysis.
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Reports such as the traffic study and stormwater management report have been
updated to reflect the development as proposed by Kaitlin.
15.2 Being virtually the only landowner in the area, Kaitlin had an opportunity to
undertake a comprehensive design of the entire neighbourhood. The proposed
plan has attempted to provide a traditional grid pattern of roads, particularly in the
future development blocks to the west with axial view corridors to open space
areas along the Lake Ontario waterfront and the Graham Creek valley.
15.3 The proposal also envisions a variety of housing types and forms. In addition to
single detached dwellings, the applicant would be providing semi - detached /link
dwellings and multiple residential blocks which would accommodate coastal villas.
Future phases of the development would also include apartment blocks, possibly
of condominium tenure.
15.4 Kaitlin is also proposing innovative zoning regulations and engineering standards
to promote a sense of community. These would include the special zone
regulations detailed in Section 5.2 of this report as well as road allowance widths
reduced from 20.0 metres to 18.0 metres. The reduced road allowance, when
coupled with a reduced front yard setback and innovative architecture which
includes the traditional front porch, results in the development being more people -
oriented.
15.5 Staff note that some of the brochures published by Kaitlin tend to indicate the
development would be an exclusive community, possibly even a "gated"
community with 24 hour security. Staff advise that a "gated community" concept
is contrary to the intent of the Clarington Official Plan. Although the Municipality
does not have the power to regulate the marketing of a proposed development,
it should ensure all road allowances within the plan of subdivision will be
municipally owned and no private security gate will be permitted. As such, the
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public would have the right to use the road allowance for pedestrian or vehicular
access to the subdivision including the waterfront.
15.6 Staff advise that the attached By -law would provide the appropriate zone
categories in order to facilitate the development of the Port of Newcastle plan of
subdivision. However, staff note that the zoning on the Waterfront Greenway Park
will remain in the Agricultural (A) zone. In addition, Medium Density Blocks 192
and 193 and the Clubhouse Block 194 will also remain in the Agricultural (A)
zone. Staff will prepare an amending By -law to be passed by Council once Kaitlin
has entered into site plan agreements with the Municipality to control the
development of those sites.
16. CONCLUSION
16.1 In consideration of the comments contained within this report the Planning and
Development Department would have no objection to a recommendation to the
Region of approval of the proposed plan of subdivision, subject to the conditions
as contained in Attachment No. 1 to this report.
16.2 Furthermore, staff would have no objection to the approval of the attached zoning
by -law amendment, to implement the plan. The amending zoning by -law would
provide for the appropriate zone categories to implement the Phase One of plan
of subdivision (18T- 91004). Staff note that the removal of the Holding (H)
symbols will require Council approval at such time as the Subdivision Agreement
is registered. A rezoning application to remove the holding symbol will be
required at a later date.
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REPORT NO.: PD-90-96
Respectfully submitted,
r�,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
Reviewed by,
W.H. Stockwell
Chief Administrative
Officer
WM *FW *df
12 June 1996
Attachment #1:
Conditions of Draft Approval
Attachment #2:
Key Map
Attachment #3:
By -law
Interested parties to be notified of Council and Committee's decision:
The Kaitlin Group Ltd.
1029 McNicoll Avenue
Scarborough, Ontario.
M1W 3W6
Bousfield, Dale- Harris, Cutler & Smith
3 Church Street
Toronto, Ontario.
M5E 1 M2
Attachment No. 1
. i I A 0
That draft Plan of Subdivision 18T -91004 prepared by Bousfield, Dale- Harris,
Cutler and Smith Inc. dated May 30, 1996, as per the attached plan showing 92
lots for single detached dwellings, 99 lots for semi - detached or linked dwellings,
Blocks 192 and 193 for Medium Density, Block 194 for a Clubhouse, Block 195
for park, Blocks 196 -199 all inclusive for Open Space, Block 200 for Stormwater
Management facilities, Blocks 201, 203 and 204 for future development and
various Blocks for reserves, road widenings, site triangles etc.
2. That all streets shown within the Plan of Subdivision shall be dedicated as public
highway and shown as such on the final plan.
3. That all streets shall be named to the satisfaction of the Municipality of Clarington
and shown on the final plan.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. That the Owner shall retain a qualified landscape architect to prepare and submit
a Landscaping Plan to the Director of Public Works and the Director of Planning
and Development for review and approval. The Landscaping Plan shall reflect the
design criteria of the Municipality as amended from time to time.
5. That the Owner shall retain a professional engineer to prepare and submit a
Master Drainage and Lot Grading Plan to the Director of Public Works for review
and approval. All plans and drawings must conform to the Municipality's Design
Criteria as amended from time to time.
6. That the Owner shall retain a qualified consultant to prepare and submit a Tree
Preservation plan to the Director of Planning and Development for review and
approval.
7. The Owner shall transfer to the Municipality, Block 195 for park purposes.
8. The Owner shall transfer to the Municipality, Blocks 196 -199 all inclusive for Open
Space.
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9. That the Owner shall enter into a Subdivision Agreement with the Municipality
dealing with matters financial and otherwise which the Municipality considers to
be appropriate and agrees to perform all terms and conditions of the
Municipality's Subdivision Agreement, including but not limited to, the
requirements that follow.
10. That all easements, road widenings and reserves as required by the Municipality
shall be granted free and clear of all encumbrances.
11. That the Owner shall pay to the Municipality, the development charges in
accordance to the Development Charges By -law, as amended from time to time.
12. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
13. That the Owner shall cause all utilities, including hydro, telephone, Cable T.V., etc.
to be buried underground.
14. That the Owner shall deposit with the Municipality, unconditional and irrevocable
Letters of Credit, acceptable to the Municipality's Treasurer, with respect to
Performance Guarantees, Maintenance Guarantees, Occupancy Deposits and
other guarantees or deposits as may be required, respecting the particular work
or works.
15. That the Owner shall comply with the architectural control requirements of the
Municipality.
16. That prior to the issuance of building permits, access routes to the subdivision
must be provided to meet Subsection 3.2.5.2 (6) of the Ontario Building Code and
that all watermains and hydrants are fully operational. Further, the Owner agrees
that during construction, fire access routes be maintained according to
Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be
maintained as per Subdivision 2.4.1.1 and open burning as per Subsection
2.6.3.4 of the Ontario Fire Code.
17. That the Owner agrees that where the well or private water supply of any person
is interfered with as a result of the construction or the development of the
subdivision, the Owner shall at his expense, either connect the affected party to
the municipal water supply system or provide a new well or private water supply
system so that water supplied to the affected party shall be of the quality and
quantity at least equal to the quality and quantity of water enjoyed by the affected
party prior to the interference.
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18. That the Owner supply on disk, in a CAD format acceptable to the Municipality a
copy of the proposed Plan of Subdivision as Draft Approved.
19. Prior to registration of any portion of this draft plan, any portions of existing road
allowances between the Broken Front Concession and Concession 1 adjacent to
this plan of subdivision, with the exception of lands for municipal purposes (ie.
roads, parks, etc.) shall be closed and conveyed in accordance with the
Municipality's Road Closure Policy and integrated into the plan of subdivision.
The costs for the closure and conveyance of this road allowance and the land
costs shall be borne 100% by the developer.
20. The Owner will be responsible for 100% of all costs associated with the road
opening by By -law and the reconstruction of the unopened section of the Toronto
Street road allowance. The required section will be the portion deemed
necessary to serve as a direct connecting roadway access between the existing
limit of Toronto Street and the subdivision.
21. The stormwater drainage works and facilities necessary for this development must
be constructed in accordance with the Port of Newcastle Stormwater Management
Report, dated March 1996 (latest revision) prepared by Cosburn Patterson Mather
Ltd. and as finally approved by the Director of Public Works.
22. The Owner must provide the Public Works Department with a Stormwater
Management Implementation Report which provides for the sequential
construction of the stormwater management works necessary for the entire
watershed and addresses the impacts of this plan of subdivision in the absence
of the balance of the watershed. This report shall be subject to the approval of
the Director of Public Works. The Owner must demonstrate through detailed
engineering that all external drainage can be adequately accommodated within
the proposed road pattern. All overland flow routes must be clearly identified and
adequately sized.
23. The lot grading of all lots within this plan of subdivision must be designed with
rear to front grading in accordance with the Public Works Department's Lot
Grading Guidelines and Design Criteria and Standard Drawings.
24. The Owner will be responsible for providing a functional report which
demonstrates that the lands designated for stormwater management facilities have
been adequately sized for the ultimate need of the entire watershed. The report
must also demonstrate that the facilities can accommodate any anticipated
phasing of the subdivision. No temporary facilities located outside of the
designated blocks will be permitted.
m
25. This plan of subdivision may only be developed provided that the Owner assume
full responsibility financial or otherwise for all construction of external and /or
oversized services that are required in the opinion of the Director of Public Works
to service this development.
26. That the Owner is responsible for the "Mill Street Grade Separation Improvement
Works ". This work involves making improvements to the existing Mill Street grade
separation to accommodate the traffic anticipated from the development of Phase
One. This work shall include but not be limited to the signalization of the
underpass for one way operation and for the provision of pedestrian and cyclist
traffic. This may require the construction of a separate pedestrian /cyclist tunnel
which would be determined at the detailed stage of the development. The final
decision on the design for the pedestrian /cyclist tunnel is at the sole discretion of
the Director of Public Works.
27. That the Owner is responsible for the "Mill Street Reconstruction and Construction
Works ". This work includes:
a) the reconstruction and /or construction of Mill Street to a collector road
standard from the Mill Street grade separation northerly to the Toronto
Street /401 interchange.
b) the reconstruction and /or construction of Mill Street to a collector road
standard from the Mill Street grade separation southerly to align with Street
"A" of this plan of subdivision. This would include all costs involved in the
construction of Mill Street (ie. land, relocation of utilities, connection or
termination of existing streets, etc.) on a road alignment external to this
plan of subdivision and based on a design satisfactory to the Director of
Public Works; and
c) the reconstruction of the Mill Street /Toronto Street /401 interchange
intersection including signals, additional lanes eastbound, westbound and
southbound etc. to the satisfaction of the Director of Public Works.
28. That the Owner is responsible for the extension of Toronto Street from the railway
crossing southerly to connect to the road network in Phase One, in a manner and
to a standard that provides a construction and emergency access for Phase One
satisfactory to the Director of Public Works.
29. That the Owner, as a condition for the development of Phase One, shall provide
the Municipality with a security deposit in the amount of $750,000.00, for the
future construction of the "Toronto Street Grade Separation Construction Works"
and the "Toronto Street Road Reconstruction Works ". The value of the security
deposit will be increased in relation to the issuance of building permits for Phase
2M
One, to a maximum value of $750,000.00. The schedule and amount of the
increase in the security deposit shall be determined by the Director of Public
Works and included in the development agreement for Phase One.
30. That the Owner shall provide the Public Works Department with a Traffic
Monitoring Report prepared by the Owner's transportation engineer. This report
shall be required for the duration of the development of the subdivision to
determine:
a) the actual traffic volumes being generated from this development in
comparison to the traffic volumes determined in the Traffic Impact Study;
b) the level of service of which the Mill Street grade separation is operating;
c) the nature and distribution of the traffic generated from Phase One, in
comparison to the assumptions made in the Traffic Impact Study.
This Traffic Monitoring Report shall be implemented at the commencement of
Phase One and prepared and submitted in a timely manner, satisfactory to the
Director of Public Works.
31. That prior to the development of a phase subsequent to Phase One (future
development Blocks 201, 203 and 204), the developer shall enter into a
construction agreement with the Municipality for the construction of:
a) the Toronto Street Grade Separation Construction Works. This work
includes the construction of a grade separation at Toronto Street and the
Canadian National Railway; and
b) the Toronto Street Road Reconstruction Works. This work includes the
reconstruction of Toronto Street from this development northerly and
easterly to the Toronto Street /Mill Street /401 interchange intersection.
This construction agreement shall deal with all items financial or otherwise that are
necessary to implement and construct the "Toronto Street Grade Separation
Construction Works" and the "Toronto Street Road Reconstruction Works" in a
manner satisfactory to the Director of Public Works.
32. A temporary turning circle will be required at the western limit of Street "C ". The
turning circle must be constructed in a manner that provides a proper access to
the park situated on Block 195.
33. The pavement widths for Streets "A ", "B" and "C" will be determined at the detailed
engineering stage.
192M
34. The Owner must provide detailed engineering on the Street islands located on
Street "A" and demonstrate that these islands can be safely accommodated within
the road allowance and that they will be a useable asset which adds additional
value to the overall streetscape and neighbourhood.
35. The Owner is responsible to construct a new access to the existing Newcastle
marina. The location of the entrance shall be determined at the sole discretion
of the Director of Public Works. The Owner shall be responsible for 100% of the
cost of constructing a new connecting access road between the Newcastle Marina
and the subject draft plan.
36. All works and services must be designed and constructed in accordance with the
Municipality of Clarington Design Criteria and Standard Drawings, the provisions
of the Municipality of Clarington Development By -law #92 -015 and all applicable
legislation and to the satisfaction of the Director of Public Works.
37. This plan of subdivision may only be developed provided that the Owner assumes
full responsibility financial or otherwise for the construction of Park Block 195 to
the satisfaction of the Director of Public Works.
38. The Owner agrees that the Street islands in Street "A" shall be deeded gratuitously
to the Municipality and shall not be included for the calculation or satisfaction of
the parkland dedication requirements.
39. That the Owner satisfy all the conditions financial or otherwise of the external
agencies listed below:
a) the Northumberland and Clarington Public School Board;
b) the Ganaraska Region Conservation Authority;
c) the Ministry of Natural Resources;
d) the Ministry of the Environment and Energy;
e) the Ministry of Citizenship, Culture and Recreation;
f) Ontario Hydro;
g) Bell Canada; and
h) the Regional Municipality of Durham Works Department.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 96-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former
Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 12.4 "Special Exception -Urban Residential Type One (R1) Zone" is hereby
amended by adding thereto, the following new Special Exceptions 12.4.39 and
12.4.40 as follows:
"12.4.39 URBAN RESIDENTIAL TYPE ONE EXCEPTION (R1 -39) ZONE
Notwithstanding the provisions of Sections 12.1 and 12.2, those lands zoned R1-
39 on the Schedules to this By -law shall only be used for a semi - detached
dwelling subject to the following zone regulations:
a) Lot Area (minimum)
i) Interior Lot
ii Exterior Lot
b) Lot Frontage (minimum)
i) Interior Lot
ii) Exterior Lot
c) Yard Requirements (minimum)
i) Front Yard
ii) Interior Side Yard
iii) Exterior Side Yard
iv) Rear Yard
d) Special Yard Regulations
614 square metres
715 square metres
23.2 metres
27.0 metres
6.0 metres to attached garage
3.6 metres to front wall of dwelling
1.5 metres to covered porch
1.2 metres
3.6 metres to exterior wall of dwelling
1.5 metres to covered porch
5.0 metres to rear wall of dwelling
2.6 metres to uncovered deck
Notwithstanding the provisions of Section 3.1 i) i) bay windows may project
into any yard a distance of not more than 1.0 metre. In addition,
notwithstanding the provisions of Section 3.1 i) iii), covered porches may
project 0.3 metres into any interior side yard.
e) Building Height (maximum)
i) Interior Lot 12.0 metres
ii) Exterior Lot 12.0 metres
568
-2-
f) Lot Coverage (maximum) 60%
"12,4,40 URBAN RESIDENTIAL TYPE ONE EXCEPTION (R1 -40) ZONE
Notwithstanding the provisions of Sections 12.1 and 12.2, those lands
zoned R1-40 on the schedules to this By -law shall only be used for a semi-
detached dwelling subject to the following zone regulations:
a) Lot Area (minimum)
i) Interior Lot 424 square metres
ii) Exterior Lot 583 square metres
b) Lot Frontage (minimum)
i) Interior Lot 18,0 metres
ii) Exterior Lot 22,0 metres
c) Yard Requirements (minimum)
i) Front Yard 6.0 metres to attached garage
3.6 metres to front wall of dwelling
1,5 metres to covered porch
ii) Interior Side Yard 1.2 metres
iii) Exterior Side Yard 3.6 metres to exterior wall of dwelling
1,5 metres to covered porch
IV) Rear Yard 5.0 metres to rear wall of dwelling
2.6 metres to uncovered deck
d) Special Yard Regulations
Notwithstanding the provisions of Section 3.11) i) bay windows may project
into any yard a distance of not more than 1.0 metre. In addition,
notwithstanding the provisions of Section 3.1 i) iii), covered porches may
project 0.3 metres into any interior side yard.
e) Building Height (maximum)
i) Interior Lot 12.0 metres
ii) Exterior Lot 12.0 metres
f) Lot Coverage (maximum) 60%
Section 13.4 "Special Exception -Urban Residential Type Two (R2) Zone" is hereby
amended by adding thereto, the following new Special Exception 13.4.10:
"13.4.10 URBAN RESIDENTIAL TYPE TWO EXCEPTION (R2 -10) ZONE
Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2-
10 on the schedules to this By -law shall only be used for a single detached
dwelling subject to the following zone regulations:
569
-3-
a)
Lot Area (minimum)
i) Interior Lot
ii) Exterior Lot
b)
Lot Frontage (minimum)
i) Interior Lot
ii) Exterior Lot
c)
Yard Requirements (minimum)
i) Front Yard
ii) Interior Side Yard
iii) Exterior Side Yard
iv) Rear Yard
365 square metres
424 square metres
13.8 metres
16.0 metres
6.0 metres to attached garage
3.6 metres to front wall of dwelling
1.5 metres to covered porch
1.2 metres
3,6 metres to exterior wall of dwelling
1.5 metres to covered porch
5,0 metres to rear wall of dwelling
2.6 metres to uncovered deck
d) Special Yard Regulations
Notwithstanding the provisions of Section 3.1 i) i) bay windows may project
into any yard a distance of not more than 1.0 metre. In addition,
notwithstanding the provisions of Section 3.1 i) iii), covered porches may
project 0.3 metres into any interior side yard.
e) Building Height (maximum)
i) Interior Lot 12,0 metres
ii) Exterior Lot 12.0 metres
f) Lot Coverage (maximum) 60%
3. Schedule "5" to By -law 84 -63, as amended, is hereby further amended by
changing the zone category from:
"Agricultural (A)" to "Holding -Urban Residential Type One - Special Exception
((H) R1 -39) ".
"Agricultural (A)" to "Holding -Urban Residential Type One - Special Exception
((H) Ri -40) ".
"Agricultural (A)" to "Holding -Urban Residential Type Two - Special Exception
((H)R2 -10)"
4. Schedule "A" attached hereto shall form part of this By -law.
5. This By -law shall come into effect on the date of passing hereof, subject to the
provisions of Section 34 of the Planning Act.
-970
-4-
BY -LAW read a first time this day of 1996.
BY -LAW read a second time this day of 1996.
BY -LAW read a third time and finally passed this day of
1996.
u. •:
CLERK
M
This is Schedule
"A"
to
By-law 96--,
passed this
day
ofi
, 1996A.D.
RQAD ALLOWANCE_ B
AND CONCESSION 1
LOT 30 I LOT 29
PROPOSED
CLUBHOUSE
Mayor
Clerk
28
ZONING CHANGE FROM
"A" TO "(H)R2- 1011
ZONING CHANGE FROM
"All TO"(H)RI -3�"
® "ZONING (HHR11 40"
LAKE ONTARIO
ZONING TO REMAIN "A"
ZONING TO REMAIN "EP"
LANDS SUBJECT TO DEV. 96 -004 & 18T -91004
® LANDS SUBJECT TO 18T -91004 ONLY
LOT 31 LOT 30 LOT 29 LOT 28
NEWCASTLE VIL_..�_
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567
REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
ATTACHMENT TO MEMO DATED JUNE 21, 1996 (REVISED JUNE 24, 1996)
FROM FRANKLIN WU TO COUNCIL
Conditions:
4'
1) That draft plan of Subdivision 18T -91004 prepared by Bousfield, Dale -
Harris, Cutler and Smith dated May 30, 1996 as per the attached plan and
revised in red showing 92 lots for single detached dwellings, 99 lots for
semi - detached or linked dwellings, Blocks 192 and 193 for Medium density
development, Block 194 for a Clubhouse, Block 195 for park, Blocks 196-
199 all inclusive and Blocks 205, 206 and 207 for Open Space, Block 200
for Storm Water management facilities, Blocks 201, 203 and 204 for future
development, and various Blocks for reserves, road widenings, site
triangles, etc.
Condition 3 re- number as 3 (a)
3 b) The Owner agrees that no building or structures shall be erected within the
municipal road allowance or the abutting private property that would have
the appearance or give the impression of a gated community or private
development.
Condition 8 re- number as 8 (a)
8 b) The Owner shall transfer to the Municipality, Blocks 205 and 206 for Open
Space in conjunction with the development of any portion of future
development Blocks 203 and 204 respectively, subject to the finalization of
the land area requirements of the Region of Durham's water supply plant
expansion.
C) The Owner agrees to grant a perpetual easement to the Municipality solely
for the purpose of allowing public access to Block 207. Said easement
shall be 15 metres wide along the southerly limits of Block 207 and shall
be connected to the future public road and shall be granted to the
Municipality of Clarington with the development of Block 204.
d) The Owner agrees to grant to the Municipality a 5.0 metre wide easement
\ over Blocks 205, 206 and a 15 metre wide easement over Block 207 in the
event the Municipality advances the construction of the Waterfront Trail
prior to the waterfront land dedication.
40. The Owner agrees that the maximum height of any building or structure on
Blocks 192, 193 and 194 shall not exceed 3 storeys of l 2.0 metres,
whichever is greater.
.t
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Memorandum
To: Mayor Diane Harare and Members of Council
From: Franklin Wu, M.C.I.P., R.P.P., Director of Planning & Development
Date: 21 June 1996
Subject: Report PD -90 -96
Kaitlin Group Subdivision
At the last General Purpose and Administration Committee meeting, the
Committee approved the modifications to the Clarington Official Plan
subject to three (3) conditions, namely:
a) building no higher than 3 storey;
b) no gatehouse; and
c) waterfront land be placed under public ownership.
As a result, Committee tabled the subdivision report PD -90 -96 to allow staff
to work out the details to implement the three (3) conditions.
In this regard, staff revised the recommended conditions of approval of the
draft plan of subdivision as attached.
In summary:
Condition No. 1 has been amended to add reference to three (3) new
blocks of lands along the waterfront for identification purpose.
Condition No. 3(b) is a new condition to prohibit gatehouse or similar
structure.
Condition No. 8(b) is a new condition requiring dedication of the
waterfront lands west of the Water Supply Plant. Dedication of land will
occur in conjunction with the registration of the abutting residential
subdivision.
.2
DWINAEG
REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
ATTACHMENT TO MEMO DATED JUNE 21, 1996
FROM FRANKLIN WU TO COUNCIL
Conditions:
1) That draft plan of Subdivision 18T -91004 prepared by Bousfield, Dale -
Harris, Cutler and Smith dated May 30, 1996 as per the attached plan and
revised in red showing 92 lots for single detached dwellings, 99 lots for
semi - detached or linked dwellings, Blocks 192 and 193 for Medium density
development, Block 194 for a Clubhouse, Block 195 for park, Blocks 196-
199 all inclusive and Blocks 205, 206 and 207 for Open Space, Block 200
for Storm Water management facilities, Blocks 201, 203 and 204 for future
development, and various Blocks for reserves, road widenings, site
triangles etc.
Condition 3 re- number as 3 (a)
3 b) The Owner agrees that no building or structures shall be erected within the
municipal road allowance or the abutting private property that would have
the appearance or give the impression of a gated community or private
development.
Condition 8 re- number as 8 (a)
8 b) The Owner shall transfer to the Municipality, Blocks 205 and 206 for Open
Space in conjunction with the development of any portion of future
development Blocks 203 and 204 respectively.
C) The Owner agrees to grant a perpetual easement to the Municipality solely
for the purpose of allowing public access to Block 207. Said easement
shall not include public access to any private building, structure, or
recreational facilities, and shall be granted to the Municipality in
conjunction with the phase one registration.
d) The Owner agrees to grant to the Municipality a 5.0 metre wide easement
over Blocks 205, 206 and 207 in the event the Municipality advances the
construction of the Waterfront Trail prior to the waterfront land dedication.
40. The Owner agrees that the maximum height of any building or structure on
Blocks 192, 193 and 194 shall not exceed 3 storeys or 12.0 metres,
whichever is greater.